The Doctor and Student (1518)

Christopher St. Germain

The first question of the student concerning tailed lands

Stud. If a disseisor make a gift in tail to John at Stile, and John at Stile for the redeeming of the title of the disseisee agreeth with him, that he shall have a certain rent out of the same land to him and to his heirs, and for the surety of the rent it is devised that the disseisee shall release his right in the land, etc., and that such a recovery as we have spoken of before shall be had against the said John at Stile to the use of the payment of the said rent, and of the former tail: whether standeth that recovery well with conscience or not, as thou thinkest?

Doct. I suppose it doth, for it is made for the strength and surety of the tail, which the disseisee might have clearly defeated and avoided if he would: and therefore I think, if the said John at Stile had granted to the disseisee only by his deed a certain rent for releasing of his title, that grant should have bound the heirs in the tail for ever. And then if the disseisee for his more surety, will have such a recovery, as before appeareth, it seemeth that recovery standeth with good conscience.

Stud. It seemeth that thy opinion is right good in this matter. And also it appeareth that with a reasonable cause some particular recoveries may stand both with law and conscience to bar a tail.